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BRANCH v. BARNES

Gen. No. 47,408.

19 Ill. App.2d 472 (1958)

154 N.E.2d 337

Paul Branch, as Trustee, Appellee, v. Floyd Barnes, et al., Appellant.

Appellate Court of Illinois — First District, Second Division.

Released for publication December 16, 1958.

Attorney(s) appearing for the Case

Odas Nicholson, of Chicago (James O'Bryant, Jr., of counsel) for appellant.

Ernest H. Allen, and Harry J. Myerson, both of Chicago (Harry J. Myerson, of counsel) for appellee.

JUSTICE MURPHY delivered the opinion of the court.

This is a foreclosure proceeding in which, after the court appointed a receiver upon plaintiff-junior mortgagee's petition, the senior mortgagee took possession for 18 months under an assignment of rents, collected the rents, part of which were applied on the first mortgage and turned the balance over to the mortgagor. Upon being restrained from further collections...

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